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6 Va. 64

Peatross v. M'Laughlin

Supreme Court of Virginia

Decided April 15, 1849

Supreme Court of Virginia · decided 1849-04-15

William L. Peatross in March 1847, applied to the Judge of the Circuit court of Pittsylvania for an injunction to restrain proceedings upon a judgment which had been recovered against him in that Court in 1838 by Daniel M’Laughlin. The bill stated that Peatross had been taken on a capias ad satisfaciendum which issued on the judgment, and that he had in March 1838, been discharged from custody upon taking the oath of an insolvent debtor.

Decided 1849-04-15

Baldwin, J.

¶1delivered the opinion of the Court.

¶2The Court is of opinion, that the Circuit court erred in dissolving the injunction in the proceedings mentioned, inasmuch as the appellee by declining to answer the appellant’s bill, must be regarded, on the motion to dissolve, as admitting the same to be true ; and it appearing from the statements in the bill, that the judgment enjoined had been discharged by the proceedings in bankruptcy therein alleged, it was competent for a Court of equity to relieve the appellant against the suing out or levy of any process of execution upon said judgment.

¶3Decree reversed with costs, injunction reinstated, and the cause remanded for further proceedings.

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